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Federal- Illegal Entry by Deported Aliens

Statute
8 USC 1326. Reentry of removed aliens

(a) In general—
Subject to subsection (b) of this section, any alien who -

  1. has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
  2. enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his re-embarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien's reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act, shall be fined under title 18, or imprisoned not more than 2 years, or both.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant was an alien at the time alleged in the indictment;
  2. That the Defendant had previously been deported, excluded, or removed from the United States;
  3. That the Defendant knowingly re-entered or was found voluntarily in the United States; and
  4. That the Defendant had not received the consent of the Attorney General of the United States for readmission into the United States.

An alien is any person who is not a natural-born or naturalized citizen, or a national of the United States. The term “national of the United States” includes not only a citizen, but also a person who, though not a citizen of the United States, owes permanent allegiance to the United States.